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Sobriety Tests
Orlando DUI
Defense Attorney - Lawyer, providing experienced DUI Defense
and other Criminal Defense legal Services in Orlando, Orange
County, and Central Florida areas.
 Sobriety
tests, often referred to as "roadside tests", are inherently subjective in
nature by law enforcement officer conducting the test.
Sobriety tests typically involve making
you perform actions which are not done in the normal
course of ones day. Sobriety test are actually designed
to make you fail, regardless if you are intoxicated or
not.
Adding insult to injury, failure to
perform sobriety test properly or refusal to do so can
result in automatic suspension of your driver's license.
The same may apply if you refuse to take a breathalyzer
test. The cards are stacked against you if a law
enforcement officer pulls you over for suspicion of a
DUI. We encourage you to seek the advice and
representation of experience legal counsel to make sure
you have someone standing up and fighting for your
constitutional rights and freedoms.
The Law Offices of Peter A.
Shapiro & Jonathan D. Wilson
represents the legal rights and goals of those involved
in DUI defense or other criminal defense
issues in the
Orlando, Orange County, and Central Florida
areas. For a confidential legal consultation, please
call 407.420.1044.
Common sobriety tests include:
The Walk and Turn
This is the exercise that requires you to stand with one
foot directly in front of the other foot while the
officer tells you the instructions. If you lose balance
and move your feet while listening to the instructions -
one point is scored against you. If you do not then
perform the exercise flawlessly - it's another point
scored against you. Receiving 2 points is all that is
needed to fail this test.
In this test, The Officer is looking for the following:
Balance: Whether or not you are lifting your arms more than
6 inches from you side.
Heel to Toe: Whether or not you your feet touch heel to
toe as you walk. Only 1/2 inch space is acceptable. In
this test there are nine steps forward, nine steps back,
which gives you 18 chances to fail.
Turning Around: In this step, the officer is required to
demonstrate how you are suppose to turn around. Often
incorrectly instructed, which leads to very few drivers
doing this step correctly.
One Leg Stand
This exercise requires the driver to stand on one leg for a
period of 30 seconds. If the individual starts to sway
or starts using their arms and other leg to balance his
or herself the officer may immediately fail you and
arrest you for a DUI. The officer may also ask you to
hop on one leg and fail you for not being able to keep
your balance or by putting your raised foot on the
ground more than once.
Many people have a hard time doing these tests sober, let
alone with one or more drink in their system.
Horizontal Gaze Nystagmus
In this test the officer holds a pen or similar object in
front of your face and asks you to follow it with your
eyes. If your eyes exhibit an uncontrolled shaking,
which is called "nystagmus," it is a sign of
intoxication. While not currently allowed into evidence
if administered by most law enforcement officers, the
officer on scene will often use this test to make the
assumption of intoxication, thus administering
additional sobriety tests, ask you to take a
breathalyzer, or give them probable cause to search your
vehicle.
Being charged with a DUI Offense does not always mean a
conviction will follow. Your best chance to have a
successful outcome in any DUI related legal situation is
to seek the legal advice and representation of
experienced legal counsel.
If you have questions, concerns, or legal needs
regarding DUI defense or other criminal
defense issues, we urge you to seek the legal advice
of an experienced Orlando DUI defense attorney &
lawyer. Contact
The Law Offices of Peter A. Shapiro & Jonathan D. Wilson
at
407.420.1044
to schedule a confidential legal consultation.
Orlando DUI
Defense Attorney - Lawyer, providing experienced DUI Defense
and other Criminal Defense legal Services in Orlando, Orange
County, and Central Florida areas.
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